Director of Public Prosecutions Noordin Haji has turned the tables on former Director of Criminal Investigations George Kinoti, escalating their long running feud and reinforcing accusations that the criminal justice system was deployed for political witch-hunting ahead of the August 9 elections.
While the two have been accusing each other on forgery and fraud, the prosecution of Deputy President Rigathi Gachagua over alleged financial crimes has escalated their bitter falling-out and cast doubts about the independence of institutions charged with enforcing law and order.
The case is on the verge of collapsing allegedly over lack of evidence, with lead investigator Kuriah Obadiah revealing that he was forced by Mr Kinoti to fix and arrest Mr Gachagua in the alleged Sh7.3 billion corruption case.
With the fresh criminal allegations against the DCI, the DPP has hinted at the possible arrest and prosecution of Mr Kinoti. Mr Haji said Mr Kinoti “was a colleague and I do not want to take advantage of the situation, but if the law was broken, that person will face the law, even if it’s me”.
Other top detectives, such as Mr John Gachomo and Mr Martin Otieno, have also recanted their evidence in various high profile cases instituted by Mr Kinoti, alleging pressure and being made to sign blank papers. The battle between the two officials who were relied on to re-energise the war on corruption during the tenure of President Uhuru Kenyatta, is being fought in court and in the media.
Yesterday, Mr Haji was in a delegation of the Independent Policing Oversight Authority (Ipoa) to State House, where President William Ruto directed the agency to provide the Ministry of Interior and Coordination with a roadmap on how to deal conclusively with extra-judicial killings.
The President has disbanded a special unit set up at DCI during the tenure of Mr Kinoti that he blamed for the killings.
Mr Kinoti resigned after Dr Ruto took over the presidency. Nine police officers who served in the disbanded Special Services Unit are on trial for the disappearance of two Indian men who were part of Dr Ruto’s presidential campaign, and their Kenyan driver.
During an interview with KTN News on Sunday night, Mr Haji alleged that part of the evidentiary materials that the DCI furnished the prosecutors with in Mr Gachagua’s case were forged documents.
Mr Haji also disclosed that Mr Kinoti pressured him through the media to charge Mr Gachagua, then the Mathira MP.
Stating that he was hoodwinked by the DCI into believing that there was evidence to prove the alleged offences, Mr Haji said that, despite arraigning Mr Gachagua, the investigators failed to provide the evidence, leaving prosecutors stranded. Regarding the murder trial of Cabinet Secretary Aisha Jumwa, the DPP said the prosecutors had asked for evidence and it has never been provided.
“We had to then review the case and withdraw it,” said the DPP.
On why the DPP withdrew the case against former Kenya Power bosses Ken Tarus and Ben Chumo, the DPP said the evidence was never supplied. He added that the investigating officer refused to go to court to give evidence.
Mr Haji said the falsification of documentary evidence at the DCI was so deep that he could no longer rely on the exhibits given to him in corruption cases.
Mr Gachagua had initially claimed that the court case hinged on trumped-up charges and was politically instigated. The DPP said several DCI officers had confessed that they were coerced to take some actions and their claims are under investigation.
Mr Haji also said he was previously taken to court on false affidavits sworn against him and he was worried about what happens to ordinary Kenyans. He said that, after his office decided that Mr Kinoti should ensure that he completes all the investigations before handing over files to the DPP, he was threatened and even taken to court. The DPP is also facing an ouster petition at the Public Service Commission. The falling out between Mr Haji and Mr Kinoti fits a pattern where high profile cases investigated by the DCI under the leadership of Mr Kinoti are collapsing in court over insufficient evidence.
In June, two months to the General Election, Mr Kinoti had hinted at the possibility of arresting Mr Haji for forgery and fraud. Mr Kinoti, in court papers, made sweeping allegations against Mr Haji in relation to the making of inter-agency terrorism guidelines launched by Mr Haji in April .
Among the allegations made by Mr Kinoti was that Mr Haji hired a “faceless” consultant during the drafting and formulation of the guidelines. Mr Kinoti said Mr Haji forged details of two senior police officers — chief inspectors Joseph Kipchumba and Stephen Ngereso Khamisi — to indicate that they participated and attended a workshop at a Naivasha hotel during the formulation of the contentious inter-agency terrorism guidelines.
In his response to the DPP’s assertion that DCI officers fully participated in the exercise, Mr Kinoti said signatures of the officers were faked to indicate they attended the meetings held between January and March 2022.
The exchange between Mr Kinoti and Mr Haji was captured in a court case filed by activist Memba Ocharo challenging the legality of the guidelines. Mr Kinoti said investigations had established that Mr Haji, a former deputy director of the National Intelligence Service, forged the officers’ residence entries in the hotel.
In a replying affidavit filed in court by senior superintendent of police Martin Otieno on behalf of Mr Kinoti and the Anti-Terror Police Unit, Mr Kinoti said Mr Haji and the Office of Director of Public Prosecutions should be held liable for perjury, forgery and fraud.
But Mr Otieno has since recanted parts of his affidavit where he had raised allegations of fraud and forgery against Mr Haji. He has also denied claims that Mr Haji engaged an unqualified consultant to develop the disputed guidelines. The DPP had in July 2022 dismissed Mr Kinoti as a junior officer. Putting himself close to the rank of the Inspector General of Police, Mr Haji had stated that Mr Kinoti was not his equal.
